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PCHR Calls for Reconsideration of Decision to Make Amendments to the Executive Bill of Charitable Associations and Community Organizations Law No. 1/2000

The Palestinian Centre for Human Rights (PCHR) call upon the Council of Ministers in Gaza to reconsider its decision to make amendments to the Executive Bill of the Charitable Associations and Community Organizations Law No. 1/2000, and ensure that any such amendments are in line with the law.

It has been revealed recently that a decision was issued by the Council of Ministers in Gaza on 31 May 2011. The decision has not been published yet in the Official Gazette in Gaza. The decision is coded as Decision No. 3/205/11 of 2011 Regarding Amendment of Council of Ministers’ Decision No. 9/2003 Concerning the Executive Bill of the Charitable Associations and Community Organizations Law No. 1/2000. The Decision added two articles to the Executive Bill as follows:

1. Article (31 bis) stipulates that: “Branches of foreign organizations registered in the Palestinian Territory shall be subject to legal provisions and regulatory measures applied by the Ministry and the Competent Ministry to local organizations.”
2. Article (47 bis) stipulates that: “1. All the branches of local organizations shall provide to the Ministry or the Competent Ministry any documents or papers upon request; and 2. The Ministry and the Competent Ministry shall implement activities implemented by branches of local organizations to make sure that the funds of the said branches are spent for the designated purpose.”

Although PCHR understand the amendment relating to Article 31 bis, as the law does not address monitoring of foreign organizations, PCHR has reservations over the other amendment, Article 47 bis, which substantially violates the Charitable Associations and Community Organizations Law No. 1/2000 for the following reasons:

1. PCHR stress the importance of the relationship between organizations on one side, and between organizations and the government on the other side. The relationship between organizations and the appropriate ministry, which is responsible for monitoring organizations and their activities, is based on cooperation and integration with the aim to achieve public interests. This relationship has been stipulated in Article 10 of the Charitable Associations and Community Organizations Law No. 1/2000 and in Article 8 of its Executive Bill which states that: “The relationship between organizations and competent ministries shall be based on total coordination and cooperation with the aim to achieve public interests.” This must be continuingly stressed as the principle governing the relationship between the civil society organizations and the government represented in competent ministries.

2. The amendment destroys the essence of this relationship and grants more power to the Ministry of Interior to intervene into the affairs of organizations. Further, this amendment constitutes an encroachment of the law. Article 6 of the Charitable Associations and Community Organizations Law No. 1/2000 explicitly states that: “The Competent Ministry shall undertake the follow-up of organizations’ activities” as it is the most capable to undertake this duty by virtue of its functions. This Article does not grant the competent ministry, which is the Ministry of Interior, any powers to follow up organizations’ activities in all circumstances; however, the Article determines the follow-up duty in accordance with each case separately and in accordance with a letter addressed by the Competent Minister. The same Article states that: “The Ministry may follow up the activities of any organization based on a written reasoned decision taken by the Competent Minister in each case, to make sure that organizations’ funds are spent for the designated purpose and in accordance with the provisions of this Law and of the organizations’ statute. Organizations shall allow the Ministry to enforce this law to make sure that the organizations perform their work in accordance with the provisions of this Law and the provisions of their statute.”

3. PCHR note that in cases where the main activities of organizations do not fall within the competence of any ministry, the Executive Bill defines the Ministry of Justice as the competent ministry, and has no mention of the Ministry of Interior. Article 3.7 states that: “The Ministry of Justice shall be the Competent Ministry to follow up organizations whose main activities do not fall within the competence of any existing ministry.”

In view of all the above, PCHR call upon the Council of Ministers in Gaza to reconsider its decision to make amendments to the Executive Bill of the Charitable Associations and Community Organizations Law No. 1/2000.

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